Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-11-03
TWO DECISIONS.
The Enfer.S:,.:a Cemmesce Ce:amiss;eg
Delivers To 0pln.0Ns ia Cases
Under lis Jurisdiction.
The Northern Pac fic Notified Not to Sell
Emigraut Tickets at LESS Than Rates
Charged the Public.
INTER- STATE COMMERCE.

| INTERSTATE COMMERCE.
| WASHINGTON, Nov. 2.-The Interstate
commerce commission rendered G de-
cision today in the case of Dsvid F.
Allen & Co. against the Louisville, New
bAloaky and Chicago Railway Company.
It is accompanied by a written opinion
| prepared by Commissioner Cooley, OF
which the following is 8 synopsis of the
case. The complaint is that the defend
Snt violates the fourth section of the In
ter-state commerce law By charging more
for shorter than for longer distance
over the same line IN the same direction.
The facts are the defendant has line CT
railway extending from New Al
bany, Ind, to Michigan City,
Ind, passing through Indianapolis,
and Frankfort. At Indianapolis the road
is crossed by en east and west line, which
gave rate on wheat to New York of %
cents per 100 pounds. At Frankfort It is
crossed by another road which makes q
rate to New York CT % cents. At South
Wanatah, the defendants road is crossed
by the New York, Chicago and st. Louis
Railway, and at Michigan City it inter-
cepts the Michigan Central Railway. The
defendant wishes to take part in the grain
carrying trade to New York. The Michi-
gan Central will receive from 1t at Michi-
gan City the grain taken up at Indiana,
and prorste with it the % cent rate on
mileage basis. The New York, Chicago
and st. Louis will receive from II
st South Wanatsh grain taken
up at Frankfort and prorate
1,;L
basis. The defendant has been in the
practice Of taxing wheat at Indianapolis
On these terms, and it received a carload
from the compliments at Frankfort and
charged the 25-cent rate. The Indianap-
oils shipments are carried through Frank
fort on their way to Michigan City, and
the whole distarce from Indianapolis to
New York, by Michigan City, is greater
than from Frankfort to New York by
South Wanatah. It appeared by the
evidence, however, that by direct line
Indienspolfs is nearer to New York than
Frankfofsi is oy its own line, ind is given
loweE rates for that reason;
seeend, that the defendant re-
serves greater compensation
for its haul from Indianapolis to Michi-
gan City than it does for Its haul from
Frankfort to South Wanatah, snd Conse-
quently does not on It's own lile charge
more for shorter haul; third, that the
defendant does not and cannot control
the fixing OF rates by crossing and inter-
secting lines and has no option sut to ac-
cepG these rates which are fixed, and pro
rate upon them, or to cease to take grain
altogether. These facts show 20 viola
ton By the defendant Of the long and
cI, 81 IG,
charges are greater for longer distances
and If the whole charge to
New York is the greater for
because the Michigan Central charges less
on its own line than does the New York,
C1icGgo and ST. Louis, the defendant
having no control Of either. If 1t is de-
sired to test the reasonableness Of the
through rate from Frankfort to New
York. all roads responsible for il should
Re made responsible for Its defense. It
is not enough to make the initial road de-
make the rate for them sill. The con-
clusi0n is thst the complaint is not sus-
tanned.
The petition is also rejected in the case
OF W. a. Smith against the Northern Pa
SAAS hSAHoy SOLup6AJ WLtA u Wl4t-SG
opinion by Commissioner Walker OF
which the following Is syllabus:
Tie Northern Pacific Railway Company
has been accustomed to sell tickets to
lEnd-seekers or explorers at its land
offices at St. Paul, thus enabling them TO
go out on the ltne Of It's road and inspect
the land which it has for sale, at about
one-hslf regular rates for the round trip
bot hSa al RI
sell tickets to settle passing through |
St. Paul with their effects, and who are
about to purchase railrood or public |
lands, at low rates. These explorers and
settlers are carried on regular trains. |
Atseg the Interstate law went into effect
thE gale Of these special classes OF tickets
vas for time discontinued, and was se-
suned in May, snd the complaint was
made to the commissioner. An investi-
CATION of the matter was had at
MiapeapolIs and briefs were filed. The
commissioner now decides that the inter
state commerce Law does not permit the
sale Of Sickets To any class CT people st
rates differeHT from those established for
the genersl public. The fact that 1t is
very desirable for the defendant to make
the sale of it's lands is not reason for
discriminating in favor Of explorers or
settlers. The same reason would apply
in case the company should desire to
stimulate its freight traffic or any other
branch of its business by the use of re-
duced rates or free transportation to
customers. The claim that the settle
ment CT the western territories should be
promoted by special facilities OF trans-
portation TO emigrants Is q claim proper
to 1. be addressed To the logiSlS-
tive body, but not for consldera-
ton in interpreting the statute, and
moreover the company is able by excur-
sion rates open TO all and by making
allowances upon the price charged for its
land of a part or all Of the cost of the
tickets to perhaps accomplish the desired
object to sufficient extent without the
violation of the law; that the means, &C.
cupation or purpose of parties are not
proper considerations upon which to
found determinations AMONG Them The